BILL NUMBER: SB 747	CHAPTERED  10/10/99

	CHAPTER   852
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN ASSEMBLY   JUNE 24, 1999
	AMENDED IN SENATE   MAY 6, 1999

INTRODUCED BY   Senator Burton

                        FEBRUARY 24, 1999

   An act to amend Sections 832.3 and 12403.5 of the Penal Code,
relating to peace officer training.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 747, Burton.  Peace officer training.
   (1) Existing law requires, except as otherwise provided, any
specified law enforcement officer who is employed after January 1,
1975, to successfully complete a training course prescribed by the
Commission on Peace Officer Standards and Training (POST) before
exercising the powers of a peace officer.  In order to standardize
the training, the commission is required to develop a training
proficiency testing program, including a standardized examination
that enables comparisons between presenters of the training and
development of a data base for subsequent training programs.
Existing law also provides that the completion of the examination is
not a condition of successful completion of the required training.
   This bill would provide that the purpose of the training is also
to ensure competent peace officers and would require that the testing
program include comparisons between presenters of the training and
assessments of trainee achievement.  It would limit the use of the
trainees' test scores as specified, and would require the commission
to take all necessary steps to maintain the confidentiality of the
test scores and testing materials.  The bill would delete the
above-mentioned provision that the completion of the examination is
not a condition of successful completion of the required training and
make passing these tests a requirement of the training.  By
increasing the duties of local officials, this bill would impose a
state-mandated local program.
   (2) Existing law generally prohibits the purchase, possession, and
transportation of tear gas weapons, but permits persons licensed as
private investigators or private patrol operators, and uniformed
patrolmen employees of private patrol operators to purchase, possess,
or transport any tear gas weapon, if it is used solely for defensive
purposes in the course of the activity for which the license was
issued and if the person has satisfactorily completed a course of
instruction in the use of tear gas approved by the Commission on
Peace Officer Standards and Training.
   This bill would instead provide for a course of instruction in the
use of tear gas approved by the Department of Consumer Affairs.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 832.3 of the Penal Code is amended to read:
   832.3.  (a) Except as provided in subdivision (e), any sheriff,
undersheriff, or deputy sheriff of a county, any police officer of a
city, and any police officer of a district authorized by statute to
maintain a police department, who is first employed after January 1,
1975, shall successfully complete a course of training prescribed by
the Commission on Peace Officer Standards and Training before
exercising the powers of a peace officer, except while participating
as a trainee in a supervised field training program approved by the
Commission on Peace Officer Standards and Training.  Each police
chief, or any other person in charge of a local law enforcement
agency, appointed on or after January 1, 1999, as a condition of
continued employment, shall complete the course of training pursuant
to this subdivision within two years of appointment.  The training
course for a sheriff, an undersheriff, and a deputy sheriff of a
county, and a police chief and a police officer of a city or any
other local law enforcement agency, shall be the same.
   (b) For the purpose of ensuring competent peace officers and
standardizing the training required in subdivision (a), the
commission shall develop a testing program, including standardized
tests that enable (1) comparisons between presenters of the training
and (2) assessments of trainee achievement.  The trainees' test
scores shall be used only for the purposes enumerated in this
subdivision and those research purposes as shall be approved in
advance by the commission.  The commission shall take all steps
necessary to maintain the confidentiality of the test scores, test
items, scoring keys, and other examination data used in the testing
program required by this subdivision.  The commission shall determine
the minimum passing score for each test and the conditions for
retesting students who fail.  Passing these tests shall be required
for successful completion of the training required in subdivision
(a).  Presenters approved by the commission to provide the training
required in subdivision (a) shall administer the standardized tests
or, at the commission's option, shall facilitate the commission's
administration of the standardized tests to all trainees.
   (c) Notwithstanding subdivision (c) of Section 84500 of the
Education Code and any regulations adopted pursuant thereto,
community colleges may give preference in enrollment to employed law
enforcement trainees who shall complete training as prescribed by
this section.  At least 15 percent of each presentation shall consist
of nonlaw enforcement trainees if they are available.  Preference
should only be given when the trainee could not complete the course
within the time required by statute, and only when no other training
program is reasonably available.  Average daily attendance for these
courses shall be reported for state aid.
   (d) Prior to July 1, 1987, the commission shall make a report to
the Legislature on academy proficiency testing scores.  This report
shall include an evaluation of the correlation between academy
proficiency test scores and performance as a peace officer.
   (e) (1) Any deputy sheriff described in subdivision (c) of Section
830.1 shall be exempt from the training requirements specified in
subdivisions (a) and (b) as long as his or her assignments remain
custodial related.
   (2) Deputy sheriffs described in subdivision (c) of Section 830.1
shall complete the training for peace officers pursuant to
subdivision (a) of Section 832, and within 120 days after the date of
employment, shall complete the training required by the Board of
Corrections for custodial personnel pursuant to Section 6035, and the
training required for custodial personnel of local detention
facilities pursuant to Division 1 (commencing with Section 100) of
Title 15 of the California Code of Regulations.
   (3) Deputy sheriffs described in subdivision (c) of Section 830.1
shall complete the course of training pursuant to subdivision (a)
prior to being reassigned from custodial assignments to duties with
responsibility for the prevention and detection of crime and the
general enforcement of the criminal laws of this state.
   (f) Any school police officer first employed by a K-12 public
school district or California Community College district after July
1, 1999, shall successfully complete a basic course of training as
prescribed by subdivision (a) before exercising the powers of a peace
officer.  A school police officer shall not be subject to this
subdivision while participating as a trainee in a supervised field
training program approved by the Commission on Peace Officer
Standards and Training.
   (g) The commission shall prepare a specialized course of
instruction for the training of school peace officers, as defined in
Section 830.32, to meet the unique safety needs of a school
environment.  This course is intended to supplement any other
training requirements.
   (h) Any school peace officer first employed by a K-12 public
school district or California Community College district before July
1, 1999, shall successfully complete the specialized course of
training prescribed in subdivision (g) no later than July 1, 2002.
Any school police officer first employed by a K-12 public school
district or California Community College district after July 1, 1999,
shall successfully complete the specialized course of training
prescribed in subdivision (g) within two years of the date of first
employment.
  SEC. 2.  Section 12403.5 of the Penal Code is amended to read:
   12403.5.  Notwithstanding any other provision of law, a person
holding a license as a private investigator or private patrol
operator issued pursuant to Chapter 11 (commencing with Section
7500), Division 3 of the Business and Professions Code, or uniformed
patrolmen employees of a private patrol operator, may purchase,
possess, or transport any tear gas weapon, if it is used solely for
defensive purposes in the course of the activity for which the
license was issued and if the person has satisfactorily completed a
course of instruction approved by the Department of Consumer Affairs
in the use of tear gas.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
